Victim Rights

In 1994, the citizens of the State of Idaho passed a Crime Victim’s Rights Constitutional Amendment. This Amendment gives victims 10 specific rights as they move through the criminal justice process:

• To be treated with fairness, respect, dignity and privacy throughout the criminal justice process;

• Permitted to be present at all criminal justice proceedings;

• Entitled to a timely disposition of the case;

• Given prior notification of trial court, appellate and parole proceedings and, upon request, to information about the sentence, incarceration or release of the defendant;

• Heard, upon request, at all criminal justice proceedings considering a plea of guilty, sentencing, incarceration or release of the defendant unless manifest injustice would result;

• To be informed of a possible plea agreement by the prosecuting attorney prior to entry into that agreement in criminal or juvenile offenses involving crimes of violence, sex crimes, or crimes against children;

• Allowed to refuse an interview, ex-parte contact or other request by the defendant or any other person acting in behalf of the defendant, unless such request is authorized by law;

• Consulted by the pre-sentence investigator during the preparation of the pre-sentence report and shall be allowed to read the report prior to the sentence hearing;

• Assured the expeditious return of any stolen or other personal property by law enforcement agencies when no longer needed as evidence;

• Notified whenever the defendant or suspect is released or escapes from custody

• Victim: Includes a person or entity, who suffers economic loss or injury as the result of the defendant’s criminal conduct and shall also include the immediate family of a minor and the immediate family of the actual victim in homicide cases.